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  1. #1

    Default Statute of Limitations for Medical Malpractice California

    My question involves medical malpractice in the state of: CALIFORNIA.

    This happened Feb 2011. A person had DIC (Disseminated Intravascular Coagulation) following a C-section. She had emergency hysterectomy the next day because her condition worsened. She was in her early 30s and her uterus was removed. There were things that the doctor could have avoided during the C section.

    She did not want to sue her doctor because of all the pain and sufferings she went through.
    However after 2 years it still persists and she feels she needs closure for all the emotional pains she has gone through.
    She has complete operative reports of what happened.

    It is said that if not mistaken the statue of limitation is "no later than 3 years after the malpractice/neglicence occured". However a lawyer also said to her that she is too late because she should have done something within 1 year of the event and that the statute of limitation has expired in her case.

    Can't she still sue for emotional pains and sufferings? She's experiencing it more now after a while especially watching her friends are having 2nd children etc.

    Pls advise what she should do or say when she says to a lawyer next time. Thank you.

  2. #2
    Join Date
    Jan 2013
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    Default Re: Statue of Limitation for Medical Malpractice California

    California has very restrictive med mal statutes of limitation. Your friend had one year to file a claim from a private entity or 6 mon. from a government entity.

  3. #3

    Default Re: Statue of Limitation for Medical Malpractice California

    Thanks for the reply. What is the 3 years stated then that I see around. Can she still sue based on emotional and psychological sufferings?

  4. #4
    Join Date
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    Default Re: Statue of Limitation for Medical Malpractice California

    If the SOL is up, it's up. What are you seeing that says 3 years?

  5. #5
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    Default Re: Statue of Limitation for Medical Malpractice California

    There are myriad possible complications which may arise from any type of surgery. She should have been informed of these.

  6. #6
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    Default Re: Statue of Limitation for Medical Malpractice California

    Quote Quoting DaveM
    View Post
    California has very restrictive med mal statutes of limitation. Your friend had one year to file a claim from a private entity or 6 mon. from a government entity.
    Three years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.

    As the patient was very aware of the C-section and hysterectomy, the limitations period for damages allegedly resulting from the hysterectomy would have been one year following the surgery.

    This was an emergency surgery, so it's quite possible that the doctor did not fully discuss the options before, say, letting the patient bleed out.

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